NAC 634.110Definitions. (NRS 634.030)As used
in this chapter, unless the context otherwise requires, the words and terms
defined in NAC 634.111 to 634.124,
inclusive, have the meanings ascribed to them in those sections.

NAC 634.112“Ancillary services” defined. (NRS 634.030)“Ancillary
services” means services related to the practice of chiropractic that a
chiropractor’s assistant is authorized to perform under the terms of the
certificate issued to him or her by the Board. The term does not include acts
that a chiropractor’s assistant is prohibited from performing pursuant to NAC 634.460.

(Added to NAC by Chiropractic Physicians’ Bd. by R030-98,
eff. 9-10-98; A by R101-08, 12-17-2008)

NAC 634.113“Applicant” defined. (NRS 634.030)“Applicant”
means a person who applies or petitions for any right or authority from the
Board.

NAC 634.116“Certificate” defined. (NRS 634.030)“Certificate”
means a current certificate as a chiropractor’s assistant.

(Added to NAC by Chiropractic Physicians’ Bd. by R030-98,
eff. 9-10-98; A by R101-08, 12-17-2008)

NAC 634.117“Chiropractor’s assistant” defined. (NRS 634.030)“Chiropractor’s
assistant” means a person who holds a certificate as a chiropractor’s assistant
pursuant to NRS 634.123 and the
provisions of this chapter.

NAC 634.119“Direct supervision” defined. (NRS 634.030)“Direct
supervision” means that the supervising licensee or licensed provider of health
care, as appropriate, is actually present in the chiropractic facility during
the period of supervision.

NAC 634.1195“Good standing” defined. (NRS 634.030)“Good
standing” with respect to a license to practice chiropractic means that the
license is not restricted by revocation, suspension or probation or otherwise
encumbered as specified by an order of the Board.

NAC 634.124“Referral bureau” defined. (NRS 634.030)“Referral
bureau” means a group of two or more licensees who practice in separate
locations, have a telephone number specifically designated for the referral
bureau and advertise or market themselves as a referral bureau.

NAC 634.125Severability of provisions. (NRS 634.030)The
provisions of this chapter are hereby declared to be severable and the
invalidity of any rule, clause, sentence, paragraph or section of this chapter
does not affect the validity of the remainder.

For an application for a license to practice chiropractic.............................................. $200.00

For an examination for a license to practice chiropractic.............................................. 125.00

For an application for, and the issuance of, a certificate
as a chiropractor’s assistant.. 100.00

For an application for a temporary license to practice
chiropractic pursuant to NRS 634.115.................................................................................................................................... 50.00

For an examination for a certificate as a chiropractor’s assistant.................................... 60.00

For the issuance of a license to practice chiropractic.................................................... 225.00

For the issuance of a temporary license to practice
chiropractic pursuant to NRS 634.115 50.00

For the biennial renewal of an active license to practice
chiropractic........................... 700.00

For the biennial renewal of an inactive license to practice
chiropractic........................ 250.00

For the biennial renewal of a certificate as a
chiropractor’s assistant........................... 120.00

For the restoration to active status of an inactive license
to practice chiropractic........ 300.00

For reinstating a license to practice chiropractic which has
been suspended or revoked 500.00

For reinstating a certificate as a chiropractor’s assistant
which has been suspended or revoked .................................................................................................................................... 70.00

For reinstating an inactive license to practice chiropractic
which has been suspended or revoked .................................................................................................................... 200.00

For a review of any subject on the examination.............................................................. 25.00

For the issuance of a duplicate license or certificate or
for changing the name on a license or certificate.................................................................................................................... 35.00

For written verification of licensure or issuance of a
certificate of good standing......... 25.00

For providing a list of persons who are licensed to practice
chiropractic to a person who is not licensed to practice chiropractic................................................................................. 25.00

For providing a list of persons who were licensed to
practice chiropractic following the most recent examination of the Board to a
person who is not licensed to practice chiropractic.................................................................................................................................... 10.00

For a set of mailing labels containing the names and
addresses of the persons who are licensed to practice chiropractic in this
State........................................................................... 35.00

For a check which is made payable to the Board that is
dishonored upon presentation for payment...................................................................................................................... 25.00

For providing a copy of the statutes, regulations and other
rules governing the practice of chiropractic in this State............................................................................................. 25.00

For each page of a list of continuing education courses
which have been approved by the Board............................................................................................................................ 0.50

For a review by the Board of a course offered by a
chiropractic school or college or a course of continuing education in
chiropractic...................................................................... 25.00

NAC 634.210Methods of payment. (NRS 634.030)Payment
of fees and remittances made to the Board by money order, bank draft or check
must be made payable to the Chiropractic Physicians’ Board of Nevada. Remittances
in currency or coin are made wholly at the risk of the sender, and the Board
assumes no responsibility for their loss. Postage stamps will not be accepted
as payment.

NAC 634.215Fee for issuance of license: Time for payment; failure to pay. (NRS 634.030)

1. An applicant for a license to practice
chiropractic in this State must pay the fee for the issuance of a license to
practice chiropractic required pursuant to NAC 634.200
within 1 year after he or she has satisfied all the requirements for licensure
set forth in this chapter and chapter 634
of NRS, other than the payment of the fee for the issuance of the license.

2. If such an applicant does not pay the fee
for the issuance of a license to practice chiropractic in the period set forth
in subsection 1, he or she:

(a) Shall be deemed to have withdrawn the
application; and

(b) Must reinitiate the application process if he
or she wishes to apply for a license at a later date.

1. Except as otherwise provided in this
section and in addition to the subjects of examination set forth in NRS 634.070, an applicant for a
license to practice chiropractic in Nevada must pass:

(a) Part IV of the examination administered by the
National Board of Chiropractic Examiners;

(b) An examination on the statutes and regulations
of this State which are related to the practice of chiropractic, other than
those set forth in this chapter and chapter
634 of NRS; and

(c) Any other subject or examination that the Board
determines to be necessary. An examination required by the Board pursuant to
this paragraph may include, without limitation, an examination on clinical
rationale.

2. An applicant who has actively practiced
chiropractic in another state in accordance with subparagraph (2) of paragraph
(c) of subsection 1 of NRS 634.090
may, in lieu of passing Part IV of the examination administered by the National
Board of Chiropractic Examiners, pass the Special Purposes Examination for
Chiropractic prepared by the National Board of Chiropractic Examiners.

3. To pass a subject or examination required
pursuant to NRS 634.070 or this
section, an applicant for a license to practice chiropractic in Nevada must
receive a score of at least 75 percent.

1. At least once each year, the Board will
administer an examination to applicants for a certificate as a chiropractor’s
assistant.

2. The examination will consist of the
following subjects, including, without limitation:

(a) Radiographic technology, protection, quality
control and positioning of the patient;

(b) Ancillary procedures and applications relating
to chiropractic; and

(c) The provisions of NRS and NAC that are related
to the practice of chiropractic.

3. An applicant who receives a score of at
least 75 percent on the examination is entitled to a certificate as a
chiropractor’s assistant.

4. If an applicant fails to receive a score
of at least 75 percent on the examination the first time he or she takes the
examination, the applicant may retake the examination within 1 year without
payment of an additional fee.

5. If an applicant who receives training and
employment as a chiropractor’s assistant trainee pursuant to subparagraph (2)
of paragraph (a) of subsection 2 of NAC 634.355
fails to receive a score of at least 75 percent on the examination after two
attempts and wishes to continue working as a chiropractor’s assistant trainee,
the supervising licensee must, within 30 days after the date of the notice from
the Board of the results of the examination, submit a plan for additional
training to the Board. The chair of the test committee will:

(a) Approve or deny the plan; and

(b) Determine whether the chiropractor’s assistant
trainee may continue working as a chiropractor’s assistant trainee.

6. If, pursuant to paragraph (b) of
subsection 5, the chair of the test committee determines that a chiropractor’s
assistant trainee may continue working as a chiropractor’s assistant trainee,
the chiropractor’s assistant trainee may continue working as a chiropractor’s
assistant trainee if he or she:

(a) Pursuant to NAC 634.350,
submits a new application for a certificate as a chiropractor’s assistant and
pays the required fee; and

(b) Provides the chair of the test committee with
proof that the chiropractor’s assistant trainee is enrolled in an educational
course in a subject described in subsection 2.

7. If a chiropractor’s assistant trainee who
has submitted an application pursuant to paragraph (a) of subsection 6 fails to
pass any portion of the examination after two attempts, the chiropractor’s
assistant trainee shall not work as a chiropractor’s assistant trainee until
the chiropractor’s assistant trainee has passed all the portions of the
examination.

8. An applicant for a certificate as a
chiropractor’s assistant who fails on two occasions to appear for an
examination that he or she has been scheduled to take:

(a) Shall be deemed to have withdrawn his or her
application;

(b) Forfeits any application fees paid to the
Board; and

(c) Must, if he or she has been receiving training
and employment as a chiropractor’s assistant trainee pursuant to subparagraph
(2) of paragraph (a) of subsection 2 of NAC 634.355,
cease working as a chiropractor’s assistant trainee.

Ê If the
applicant applies thereafter for a certificate, the applicant must establish
eligibility for the certificate in accordance with the provisions of this
chapter and chapter 634 of NRS.

9. As used in this section, “chair of the
test committee” means the member of the Board who is assigned by the Board to
serve as the chair of the committee that is created by the Board to administer
an examination to applicants for a certificate as a chiropractor’s assistant.

(a) May destroy the records of examination for a
successful applicant not earlier than 90 days after granting a license to the
applicant.

(b) Will retain the records of examination for an
unsuccessful applicant until the examination has been given two additional
times.

2. The Board may extend the period of
retention for records of examination for good cause shown.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93)

NAC 634.320Authorized persons in waiting area; conduct of applicant. (NRS 634.030)During
the examination of applicants for licensing as chiropractic physicians or for
certification as chiropractor’s assistants, only members of the Board, testing
consultants, examination proctors, applicants and persons requested by the
Board will be allowed in the waiting area for applicants or in the room in
which the examination is given. An applicant may not:

1. Communicate with any person while he or
she is in the waiting area, halls or restrooms;

2. Leave the waiting area without the
permission of a member of the Board, a testing consultant or an examination
proctor; or

3. Bring any written or recorded material
relating to the practice of chiropractic into the examination facility.

NAC 634.330Cheating by applicants. (NRS 634.030)Any
applicant who is found to be cheating during an examination will be required to
leave immediately and will not be permitted to take an examination for 2 years
after the date of the examination from which he or she was dismissed.

NAC 634.336Application procedure for student; eligibility requirements. (NRS 634.030,
634.137, 634.1375)A student who wishes to
participate in the preceptor program must submit to the Board an application
for approval to participate in the preceptor program. The application must
include, without limitation:

1. Written proof, which may include a
preliminary transcript, from the college of chiropractic at which the student
is enrolled that the student:

(a) Has successfully completed all the didactic
course work required by the college of chiropractic to consider the student
enrolled in his or her final academic year;

(b) Is in good standing with the college of
chiropractic; and

(c) Has completed the hours of clinical work
required by the college of chiropractic to qualify the student to participate
in the preceptor program.

2. A copy of a written agreement entered
into pursuant to NAC 634.338 evidencing that the
student has been accepted to practice chiropractic under the supervision of a
preceptor.

3. The date on which the student will
commence his or her practice of chiropractic as a participant in the preceptor
program.

4. The date by which the student will end
his or her practice of chiropractic as a participant in the preceptor program,
which must be not later than 1 year after the date of commencement of the
practice.

5. Each address at which the student may
perform chiropractic services.

6. A written acknowledgment that the student
has read and understands the laws of this State relating to the practice of
chiropractic.

7. A waiver of confidentiality which
authorizes the Board to obtain information from the college of chiropractic at
which the student is enrolled to verify that the student is qualified to
practice chiropractic as a participant in the preceptor program.

1. A licensee who wishes to act as a
preceptor must submit to the Board an application for approval to participate
in the preceptor program. The application must include, without limitation:

(a) Proof satisfactory to the Board that the
licensee maintains malpractice insurance in an amount not less than $1,000,000
per occurrence and not less than $3,000,000 in the aggregate;

(b) Written evidence that the licensee has been
accepted to serve as a preceptor by the college of chiropractic at which the
student who will be supervised by the licensee is enrolled; and

(c) Proof satisfactory to the Board that the
licensee meets the requirements set forth in subsection 2.

2. A licensee who applies to participate in
the preceptor program must have not less than 5 years of experience as a
licensed chiropractor, at least 2 years of which must have been as a
chiropractor licensed to practice chiropractic in Nevada.

3. In determining whether to approve an
application to participate in the preceptor program submitted by a licensee,
the Board will review the disciplinary history of the licensee.

1. A student and the preceptor who will
supervise the student during his or her participation in the preceptor program
must enter into an agreement before the student may commence the practice of
chiropractic as a participant in the preceptor program.

2. The written agreement must include,
without limitation:

(a) A statement acknowledging that all work
performed by the student must be done only at the direction of and under the
direct supervision of the preceptor;

(b) A statement by the preceptor in which he or she
agrees to take full liability and responsibility for any work performed by the
student;

(c) A statement by the preceptor that he or she
will not authorize the student to perform any act which is prohibited by NAC 634.339;

(d) A statement by the student that he or she will
not perform any act which is prohibited by NAC 634.339;

(e) A statement setting forth the commencement date
and end date of the period during which the student may perform chiropractic
under the supervision of the preceptor; and

(f) An acknowledgment that the student will not
practice chiropractic for more than 40 hours during any week in which the
student participates in the preceptor program.

3. If a student will be supervised by more
than one preceptor, each preceptor who intends to supervise the student must be
approved by the Board and enter into an agreement with the student pursuant to
this section.

1. In supervising a student who is
participating in the preceptor program, a preceptor:

(a) Shall ensure that the student is exposed to and,
within the discretion of the preceptor and except as otherwise provided in
subsection 2, is allowed to perform all aspects of chiropractic as practiced by
the preceptor;

(b) Shall assume all responsibility and liability
for all acts performed by the student;

(c) Shall notify the Board within 15 business days
after the termination of the student’s participation in the preceptor program;
and

(d) Shall not supervise more than one student.

2. A student who participates in the
preceptor program shall not:

(a) Diagnose the condition of a patient without the
written concurrence of the preceptor, which must be documented in the health
care record of the patient;

(b) Establish a plan of treatment or prognosis for
a patient without the written concurrence of the preceptor, which must be
documented in the health care record of the patient;

(c) Perform any service except at the direction of
and under the direct supervision of the preceptor;

(d) Practice chiropractic more than 40 hours during
any week in which the student participates in the preceptor program; or

1. Before a student who participates in the
preceptor program provides chiropractic services to a patient:

(a) The preceptor shall inform the patient that the
patient will be receiving chiropractic services from a student pursuant to the
preceptor program. The preceptor shall obtain from the patient written consent
for the receipt of chiropractic services from a student.

(b) The student or preceptor shall perform the
initial evaluation and assessment of the patient and develop the plan of
treatment for the patient. If the student:

(1) Performs the initial evaluation or
assessment or develops the plan of treatment, the student may execute the plan
of treatment only after the preceptor has reviewed and initialed in the health
care record of the patient the evaluation, assessment or plan of treatment
developed by the student.

(2) Observes or learns of a condition or issue
that was not contained in the original evaluation, assessment or plan of
treatment, the student shall immediately notify the preceptor of the condition
or issue.

(3) Wishes to make a change or addition to the
plan of treatment of a patient, the student must obtain the concurrence of the
preceptor before making the change or addition.

2. The final assessment of the condition of
a patient must be conducted by a licensee.

3. The preceptor who supervises a student
shall review the health care records of a patient not less than once every
third visit of the patient to ensure that the student is performing the
chiropractic services as directed by the preceptor and is maintaining the
health care record of the patient in accordance with applicable law.

NAC 634.342Identification as student. (NRS 634.030, 634.137)A student who is providing
chiropractic services pursuant to the preceptor program shall wear a badge or
other type of visible identification which clearly identifies the student as a
“student” or “student chiropractor.”

NAC 634.343Continued professional relationship between student and
preceptor. (NRS 634.030, 634.105, 634.137)If a student who
participates in the preceptor program graduates from a college of chiropractic
and his or her participation in the preceptor program is terminated, the
student and a chiropractor may continue the professional relationship pursuant
to the provisions of NRS 634.105
if the student and the chiropractor:

1. Submit a declaration to the Board of
their intent to continue the relationship after the termination of the
student’s participation in the preceptor program; and

2. Comply with all requirements for
authorization to perform chiropractic services pursuant to NRS 634.105 while the student is
waiting to take the Board’s examination, including, without limitation,
compliance with NAC 634.368.

1. The Board may place conditions upon the
issuance of a license to an applicant who participated in the preceptor program
if the Board determines that the applicant violated any provision of this
chapter or chapter 634 of NRS during
the applicant’s participation in the preceptor program.

2. The Board may take appropriate
disciplinary action against a licensee who participates in the preceptor
program, including, without limitation, disallowing the person from serving as
a preceptor, if the licensee or a student supervised by the licensee violates
any provision of this chapter or chapter
634 of NRS during the student’s participation in the preceptor program.

1. An applicant for a certificate as a
chiropractor’s assistant must file an application with the Board on a form
furnished by the Board and pay the required fee within 15 days after the date
on which the applicant has begun performing duties as a chiropractor’s
assistant. An applicant who has not begun performing duties as a chiropractor’s
assistant may file an application at any time after completing his or her
formal training required pursuant to NRS
634.123.

2. The application must set forth:

(a) The date of the application.

(b) The applicant’s date and place of birth and two
personal references based upon 5 years’ acquaintance.

(c) The applicant’s name, age, social security
number, sex and current residence.

(d) The name and mailing address of the applicant’s
current employer, if any.

(e) If applicable, the date on which he or she was
hired to perform the duties of a chiropractor’s assistant.

(f) Whether or not the applicant has ever applied
for certification as a chiropractor’s assistant in another state. If the
applicant has so applied, he or she must state when and where he or she applied
and the result of that application.

(g) If the applicant has been certified in another
state, whether any proceeding to discharge, dismiss or discipline him or her or
other similar proceeding has ever been instituted against him or her and the
disposition of each such proceeding.

3. An application expires after 1 year.

4. For good cause shown, the Board may, at
its discretion, waive one or more of the requirements of this section.

1. An applicant for a certificate as a
chiropractor’s assistant must, in addition to fulfilling the requirements of NAC 634.350, furnish evidence satisfactory to the
Board that he or she:

(a) Is 18 years of age or older; and

(b) Has received a score of at least 75 percent on
an examination administered by the Board on the provisions of NRS and NAC that
are related to the practice of chiropractic.

2. In addition to the requirements set forth
in subsection 1 and NAC 634.350, an applicant for a
certificate as a chiropractor’s assistant must furnish evidence satisfactory to
the Board that he or she:

(a) Satisfies one of the following:

(1) Is certified as a chiropractor’s assistant
by a program for chiropractor’s assistants that is approved by the Board; or

(2) Has had 6 months of full-time training and
employment as a chiropractor’s assistant trainee from a licensee.

(b) Has received a score of at least 75 percent on
the examination for certification required pursuant to NAC
634.305.

3. Evidence of an applicant’s completion of
approved training pursuant to subparagraph (2) of paragraph (a) of subsection 2
must consist of a certification by the licensed provider of health care, and
the certification must be notarized.

4. The Board may, at its discretion:

(a) Waive one or more of the requirements of this
section for good cause shown.

(b) Upon receipt from an applicant of documentation
demonstrating that the applicant has received additional formal training,
education or experience, grant the applicant credit toward fulfilling the
requirements of subparagraph (2) of paragraph (a) of subsection 2.

1. A person may not be employed and trained
for more than 15 days as a chiropractor’s assistant trainee for the purposes of
satisfying subparagraph (2) of paragraph (a) of subsection 2 of NAC 634.355 unless the person, within the first 15
days during which he or she performs any duties as a chiropractor’s assistant
trainee, applies to the Board by submitting a form provided by the Board.

2. Except as otherwise provided in
subsection 3, an applicant for a certificate as a chiropractor’s assistant who
completes training pursuant to subparagraph (2) of paragraph (a) of subsection
2 of NAC 634.355 shall, upon the completion of the
training:

NAC 634.366Requirements to practice chiropractic or provide services
relating to chiropractic; report to Board of any other license, certificate or
registration as provider of health care. (NRS 634.030, 634.137)

1. Except as otherwise provided in NAC 634.360, a person may not practice chiropractic or
provide services relating to chiropractic to patients unless the person:

(a) Is a licensee;

(b) Holds a valid certificate as a chiropractor’s
assistant pursuant to NRS 634.123
and the provisions of this chapter;

(c) Is authorized to perform chiropractic pursuant
to NRS 634.105 while waiting to
take the Board’s examination;

(e) Holds a valid license or certificate as a
provider of health care that is issued by an agency of this State pursuant to
one or more of the chapters of title 54 of NRS; or

(f) Is a student who is authorized to perform
chiropractic pursuant to the preceptor program.

2. A licensee shall report to the Board any
other license, certificate or registration as a provider of health care he or
she obtains pursuant to a chapter of title 54 of NRS other than chapter 634 of NRS within 15 days after
the effective date of the license, certificate or registration.

1. A licensee shall not perform manipulation
on a patient under anesthesia unless the licensee performs the manipulation at
a medical facility or office described in subsection 2 and:

(a) Has obtained certification to perform such
manipulation from:

(1) A college of chiropractic that is
accredited by the Council on Chiropractic Education; or

(2) Another program approved by the Board; or

(b) Is enrolled in a program to obtain the
certification described in paragraph (a) at the time the manipulation is
performed and the licensee performs the manipulation under the direct
supervision of a qualified instructor approved by the Board.

2. The manipulation described in subsection
1 may be performed:

(a) On a patient who is under general anesthesia or
deep sedation, only in a hospital or surgical center for ambulatory patients
that is licensed by the Health Division of the Department of Health and Human
Services and accredited by:

(1) The Joint Commission on Accreditation of
Healthcare Organizations; or

(2) The National Committee for Quality
Assurance; or

(b) On a patient who is under conscious sedation:

(1) In a medical facility described in
paragraph (a); or

(2) In the office of a physician licensed
pursuant to chapter 630 of NRS or
osteopathic physician licensed pursuant to chapter
633 of NRS who is currently certified by a specialty board of the American
Board of Medical Specialties in the specialty of anesthesiology, emergency
medicine or the management of pain, if the office is approved by the Board for
the administration, monitoring and control of conscious sedation by a licensee.

3. As used in this section:

(a) “Conscious sedation” means a minimally
depressed level of consciousness, produced by a pharmacologic or
nonpharmacologic method, or a combination thereof, in which the patient retains
the ability independently and continuously to maintain an airway and to respond
appropriately to physical stimulation and verbal commands.

(b) “Deep sedation” means a controlled state of
depressed consciousness, produced by a pharmacologic or nonpharmacologic
method, or a combination thereof, and accompanied by a partial loss of
protective reflexes and the inability to respond purposefully to verbal
commands.

(c) “General anesthesia” means a controlled state
of unconsciousness, produced by a pharmacologic or nonpharmacologic method, or
a combination thereof, and accompanied by partial or complete loss of
protective reflexes and the inability independently to maintain an airway and
respond purposefully to physical stimulation or verbal commands.

1. Except as otherwise provided in this
section, an applicant for a license to practice chiropractic may perform
chiropractic as specified in NRS
634.105 if:

(a) His or her completed application is on file in
the office of the Board and he or she meets the requirements of NRS 634.090;

(b) The fee for the application has been paid; and

(c) The Board has approved a licensee to supervise
the applicant after receiving from that licensee a completed form that is
provided by the Board and which sets forth:

(1) The fact of the applicant’s employment;

(2) The date that the applicant is to begin
working for the supervising licensee;

(3) A statement in which the supervising
licensee agrees to take responsibility for the applicant’s work;

(4) The assurance of the supervising licensee
that any act prohibited by subsection 5 will not be performed by the applicant;
and

(5) The statement required pursuant to
subsection 2.

2. The supervising licensee shall inform the
applicant of the provisions of this section, and the applicant must sign a
statement indicating that he or she has been so informed and understands the
provisions and agrees to comply with them. The statement must be in
substantially the following form:

I, ...........................,
(name of applicant) am an applicant for a license to practice chiropractic who
is waiting to take the Board’s examination. I have been informed by my
supervising chiropractor .......................... (name of supervising
chiropractor) of the content of the provisions of NAC
634.368. I understand those provisions, and I agree that I will not perform
any act prohibited by subsection 5 of NAC 634.368
during this supervisory period.

NAC 634.370Replacement of lost, stolen or mangled license or certificate. (NRS 634.030)A licensee
or holder of a certificate is entitled to a duplicate license or certificate if
the original license or certificate is lost, stolen or mangled. Each request
for a duplicate license or certificate must be accompanied by the required fee
and a signed written statement which sets forth the circumstances concerning
the need for the duplicate license or certificate. If the duplicate license or
certificate is requested to replace a mangled license or certificate, the
licensee or holder of the certificate shall submit the mangled license or
certificate with the request.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;
A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

NAC 634.373Registration and change of name of practice. (NRS 634.030)A
licensee who operates or organizes a business, corporation, office, partnership
or practice for the purpose of providing chiropractic services shall:

1. Ensure that the name of the business,
corporation, office, partnership or practice is registered with the Board; and

2. If the name of the business, corporation,
office, partnership or practice changes, provide the new name to the Board
within 15 days after the change.

NAC 634.375Notification of Board of change of name. (NRS 634.030)A
licensee or holder of a certificate who legally changes his or her name from
that which is currently registered with the Board or which appears on his or
her license or certificate:

1. Shall, within 15 days after the change,
provide the Board with the new name by submitting a written statement and legal
documentation of the change to the office of the Board; and

2. May obtain a replacement license or
certificate if he or she:

(a) Complies with the provisions of subsection 1;

(b) Remits the required fee; and

(c) Returns his or her current license or
certificate to the Board.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;
A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

1. A chiropractic physician or
chiropractor’s assistant who is licensed or certified by the Board shall:

(a) Provide the Board with the address of his or
her current legal residence; and

(b) Notify the Board, in writing, of any change in
his or her legal residence within 15 days after the change.

2. In addition to providing the Board with
the address of each office where he or she practices pursuant to NRS 634.129, and the address of his
or her legal residence, a chiropractic physician or chiropractor’s assistant
may provide the number of a post office box which is to be used as his or her
mailing address.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;
A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R101-08, 12-17-2008)

1. A chiropractic physician or
chiropractor’s assistant who practices in a mobile chiropractic office shall
notify the Board of that fact within 15 days after beginning to practice in the
mobile chiropractic office.

2. As used in this section, “mobile
chiropractic office” means a self-contained, self-supporting, enclosed mobile
unit where one or more persons engage in the practice of chiropractic at
multiple locations, including, without limitation, within the mobile unit or at
a patient’s home, business or hotel room.

1. Except as otherwise provided in
subsection 7, the Board may approve or endorse an educational class or a
seminar if it is designed to advance the professional skills and knowledge of
the chiropractic physicians licensed in this State for the purpose of ensuring
an optimum quality of chiropractic health care.

2. The Board may approve or endorse the
attendance by licensees, in person or on-line, of an educational seminar or
seminars if:

(a) The syllabus and curriculum of the instructors
of the seminar or seminars and the required fee are submitted to the Board;

(b) The seminar or seminars provide instruction in
conformity with subsection 3 of NRS
634.130;

(c) The seminar or seminars concern the clinical
aspects of a practice or another topic that the Board determines to be in the
best interest of the public;

(d) The sponsor of the seminar or seminars ensures
that each licensee who requests credit for continuing education to satisfy the
requirement set forth in subsection 3 of NRS 634.130 attends at least 50
minutes of each hour of instruction;

(e) The seminar or seminars are sponsored by:

(1) A chiropractic college which has been
accredited by:

(I) The Council on Chiropractic
Education; or

(II) Another educational entity that has
been approved by the Board;

(2) A state chiropractic board or association;
or

(3) The American Chiropractic Association, the
International Chiropractors Association or the successor of either; and

(f) An original or a copy of a certificate of
attendance at the seminar or seminars is provided directly to the Board by the
sponsor or licensee on or before January 1 of each odd-numbered year before the
issuance of a renewal certificate.

3. As an alternative to the method of
approval and endorsement provided in subsection 2, the Board will approve and
endorse the attendance by licensees, in person or on-line, of an educational
seminar or seminars if the seminar or seminars have been granted recognition
status by the Providers of Approved Continuing Education of the Federation of
Chiropractic Licensing Boards.

4. The sponsor of the seminar or seminars
shall ensure that each licensee attending that seminar is in attendance in a
timely manner at the start of each lecture. If the sponsor fails to maintain
the proper monitoring procedure, such failure may constitute grounds for the
Board to withdraw its approval of a current or future seminar or seminars
hosted or arranged by that sponsor.

5. The sponsor of a seminar shall allow any
representative of the Board to attend all or part of the seminar in order to
monitor the content of the course or lecture and the procedures for taking
attendance. A representative who is taking the seminar to satisfy the
requirements of subsection 3 of NRS
634.130 shall pay the full registration fee.

6. The sponsor of a seminar which has
received the approval of the Board shall report to the Board all changes in the
seminar as soon as possible.

7. Except as otherwise provided in this
subsection, the Board will not award credit for continuing education to a
licensee for an educational class or seminar that is of a nonclinical nature,
including, without limitation, an educational class or seminar regarding the
building or management of a chiropractic practice. For the purposes of this
subsection, an educational class or seminar regarding proper billing procedures
shall not be deemed to be an educational class or seminar regarding the
building or management of a chiropractic practice.

8. The Board will not award credit for
continuing education to an instructor of an educational class or seminar unless
the instructor obtained from the Board approval for such credit before teaching
the educational class or seminar.

9. Continuing education hours earned through
the completion of a specific educational class or seminar may be counted only
once during a calendar year toward the hours of continuing education required
by subsection 3 of NRS 634.130,
even if the licensee completes that class or seminar more than once during that
calendar year.

1. If a licensee desires to surrender his or
her license to practice chiropractic, the licensee shall submit to the Board a
sworn written statement of surrender of the license accompanied by delivery to
the Board of the actual license issued to him or her. The Board will accept or
reject the surrender of the license. If the Board accepts the surrender of the
license, the surrender is absolute and irrevocable and the Board will notify
any agency or person of the surrender and the conditions under which the
surrender occurred, as the Board considers advisable.

2. The voluntary surrender of a license or
the failure to renew a license does not preclude the Board from hearing a
complaint for disciplinary action made against the licensee.

1. A licensee is responsible for the conduct
of his or her employees and other persons subject to his or her supervision in
his or her place of practice and shall ensure that the conduct conforms to the
law and to the provisions of this chapter.

2. Sexual acts involving patients, patrons
or customers must not be permitted on the premises of any facility used by a
licensee for the practice of chiropractic.

2. An applicant for a license to practice
chiropractic who is authorized to perform chiropractic pursuant to NRS 634.105;

3. A student who is authorized to perform
chiropractic pursuant to the preceptor program; or

4. Any other person who is subject to the
supervision of the licensee,

Ê shall ensure
that the person who is supervised complies with the provisions of this chapter
and chapter 634 of NRS, and shall make
all decisions relating to the diagnosis, treatment, management and future
disposition of a patient.

NAC 634.419Authorization of person to provide other services for patients in
office of licensee. (NRS 634.030)

1. A licensee may authorize a person to provide
services for his or her patients in the office of the licensee, other than
chiropractic or clerical services, only if the licensee submits the information
required by subsection 2 to the Board, on a form prescribed by the Board, at
least 15 days before the person commences providing the services.

2. The form prescribed by the Board pursuant
to subsection 1 must include:

(a) The name, business telephone number and license
number of the licensee;

(b) The name of the person who will be providing
the services for the patients of the licensee;

(c) The type of services that the person will be
providing for the patients of the licensee;

(d) The address of the location at which the person
will be providing the services for the patients of the licensee;

(e) The date on which the person will begin
providing the services for the patients of the licensee;

(f) A statement indicating that the person will not
be providing chiropractic services, including, without limitation, taking
X-rays, services that involve the use of physiotherapeutic equipment and
massage therapy;

(g) A statement indicating whether the person who
will be providing the services is an employee of the licensee or is retained by
the licensee as an independent contractor;

(h) A copy of any license or certificate that
authorizes the person to provide the services that he or she will be providing
for the patients of the licensee;

(i) A statement indicating that the licensee will
ensure that a copy of any license or certificate that is provided to the Board
pursuant to paragraph (h) is available to each patient of the licensee for whom
the person provides services; and

(j) The signature of the licensee.

3. A licensee shall ensure that each
employee of the licensee who provides services for the patients of the licensee
in the office of the licensee, other than chiropractic or clerical services,
provides those services only under the direct supervision of the licensee.

4. A licensee who authorizes an independent
contractor to provide services in the office of the licensee pursuant to the
provisions of this section shall establish procedures which ensure that each
patient of the licensee to whom the independent contractor provides services is
notified that:

(a) The independent contractor is not an employee
of the licensee;

(b) The services provided by the independent
contractor in the office of the licensee are not provided under the supervision
or control of the licensee; and

(c) The licensee will not bill the patient or the
insurance company of the patient for any services provided by the independent
contractor.

5. A licensee shall notify the Board within
15 days after an employee or independent contractor who is authorized pursuant
to this section to provide services to the patients of the licensee leaves the
employ of or is no longer retained by the licensee.

1. If a judgment is entered against him or
her in any court, or a settlement is reached, on a claim involving malpractice,
a licensee shall report that fact to the Board within 15 days. The licensee may
satisfy the provisions of this subsection if he or she provides the Board with
a copy of the judgment or settlement.

2. If a licensee or holder of a certificate
is convicted of any crime, other than a traffic violation, he or she shall
report that fact to the Board within 15 days after the conviction.

3. If a licensee or holder of a certificate
fails to report a judgment, settlement or conviction pursuant to this section,
he or she may be subject to disciplinary action pursuant to NRS 634.140 to 634.216, inclusive.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 7-29-88;
A 1-31-94; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

1. As used in subsection 10 of NRS 634.018, the Board will
interpret the phrase “conduct unbecoming a person licensed to practice
chiropractic or detrimental to the best interests of the public” to include,
without limitation:

(a) Engaging in or soliciting sexual misconduct as
defined in subsection 2.

(b) Performing any chiropractic service on a
patient who is under the age of 18 years without first obtaining the consent of
the parent or legal guardian of that patient if the consent is required
pursuant to NRS 129.030.

(c) Performing manipulation on a patient under
anesthesia without complying with the requirements set forth in NAC 634.3665.

(d) Entering into a financial agreement or making a
financial arrangement with a potential or existing patient as an inducement to
enter into or continue care. This paragraph does not prohibit a licensee from
providing complimentary chiropractic services to an existing patient.

(e) Participating in any verbal or written
arrangement that involves capping or fee splitting.

(f) Engaging in practices regarding the billing of
patients or the making of claims under a contract of insurance that are abusive
or fraudulent, or both, including, without limitation:

(1) Billing patients or making claims under a
contract of insurance for chiropractic services that have not been performed.

(2) Billing patients or making claims under a
contract of insurance in a manner which misrepresents the nature of the
chiropractic services that have been performed.

(3) Submitting to patients or carriers of
insurance bills or claims which fail to disclose pertinent information or which
contain false information, including, without limitation:

(I) Failing to disclose to a patient that
a bill has already been paid, in full or in part, by a carrier of insurance.

(II) Failing to disclose to a carrier of
insurance that a claim has already been paid, in full or in part, by a
different carrier of insurance.

(III) Stating falsely that the injury of
a patient is the result of an accident or work-related incident.

(g) Engaging in a practice of waiving, abrogating
or rebating the deductible or copayment required to be paid by a policy of
insurance or a third party if the practice is used as a device for advertising
or marketing, or both.

(h) Failing to make any report or record available
to the Board upon lawful request, failing to cooperate with any investigation
by the Board or knowingly giving false information to the Board.

(i) Failing to make any report or record available
to another licensee, practitioner, patient or institution upon a lawful request
to do so in compliance with the provisions of chapter 629 of NRS.

(j) Being delinquent in the payment of a judgment
for the payment of child support pursuant to chapter 425 of NRS or being subject to a
court order for the support of one or more children and not complying with the
order or a plan approved by the district attorney or other public agency
enforcing the order for the repayment of the amount owed pursuant to the order.

(k) Being in default on the payment of a student
loan.

(l) Violating the rules or regulations of a federal
program that relates to the practice of chiropractic.

(m) Engaging in fraud, misrepresentation or
deception in any business affairs that relate to the practice of chiropractic.

(n) Allowing a person to:

(1) Perform chiropractic services; or

(2) Engage in any aspect of the provision of
chiropractic care to patients,

Ê if that
person is not authorized to perform such services or provide such care pursuant
to this chapter and chapter 634 of
NRS. The prohibition set forth in this paragraph does not apply to a person who
is licensed or certified as a provider of health care pursuant to one or more
of the chapters of title 54 of NRS.

(o) Engaging with a patient in a romantic or dating
relationship unless the patient is the spouse of the licensee.

(p) Examining or treating the anus, breast or genitalia
of a patient without first:

(1) Obtaining from the patient an informed
consent that refers to the specific procedures that will be performed on those
parts of the body of the patient; and

(2) Making a note of such consent in the
record of the patient.

(q) Violating a provision of a chapter of title 54
of NRS other than chapter 634 of NRS
pursuant to which the licensee holds a license or certificate as a provider of
health care.

(r) Knowingly giving a false or factually
unsupported opinion in a peer review, records review, independent medical
examination or chiropractic examination for the purpose of reducing a payment
or reimbursement to a licensee for the care or treatment of a patient.

(s) Failing to either post a written disclosure or
give a written disclosure to a patient and maintain the written disclosure
concerning a lack of maintaining professional liability insurance in accordance
with the requirements of NRS
634.1295 and NAC 634.445.

2. As used in this section:

(a) “Capping” means the use by a licensee of the
services of a person who is remunerated for referring to the licensee a new
patient who has been involved in a motor vehicle accident or who has been
injured as a result of the actions of another person.

(b) “Fee splitting” means the acceptance of
remuneration by a licensee for referring a patient to another provider of
health care or a health care facility or the provision of remuneration by a
licensee for a referral to the business of the licensee.

(c) “Sexual misconduct” means:

(1) Sexual relations between a licensee and a
patient of that licensee, regardless of whether the patient initiated or
consented to those sexual relations.

(2) Conduct by a licensee, in regard to a
patient, that is sexual in nature, sexually suggestive or sexually demeaning to
the patient.

(4) The use by a licensee of deception,
misrepresentation or force for the purpose of engaging in sexual conduct with a
patient in:

(I) A clinical setting; or

(II) A setting that is used ordinarily
for the provision of chiropractic services.

Ê The term does
not include sexual conduct or sexual relations that take place between a
licensee and his or her spouse or between a licensee and a person who was a
patient after the chiropractor-patient relationship has been terminated for a
reasonable time.

1. In addition to the requirements set forth
in chapter 629 of NRS, a licensee
shall ensure that the health care records of his or her patients:

(a) Include documentation of treatment of a
patient, as specified in subparagraph (3) of paragraph (e), within 72 hours
after that treatment;

(b) Include documentation of information exchanged
with a patient within 72 hours after that exchange;

(c) Are clear, legible, complete and accurate;

(d) Remain confidential, where such confidentiality
is required by law; and

(e) Contain the following information:

(1) A description of the chief complaint for
which the patient sought treatment from the licensee;

(2) Documentation of any significant event
that affects the chief complaint of the patient or the general history of the
health of the patient; and

(3) An accurate record of the diagnostic and
therapeutic procedures that the licensee has employed in providing chiropractic
services to the patient, including, without limitation:

(I) Examinations and the results of those
examinations;

(II) Diagnoses;

(III) Plans for treatment of the patient,
including, without limitation, any changes in those plans and the reasons for
those changes;

(IV) Areas of the body of the patient on
which the licensee has performed chiropractic adjustments;

(V) Dates on which the licensee provided
chiropractic services to the patient; and

(VI) A record of the response of the
patient to treatment.

2. A licensee who obtains the records of a
patient of another licensee because of a change in the ownership of a practice
shall:

(a) Report to the Board the transfer of the
records; and

(b) Inform the Board, in writing, of the physical
location of those records within 15 days after the change in ownership of the
practice.

3. A licensee who retires, moves to another
state or changes the status of his or her license from active to inactive shall
inform the Board of the location at which the records of his or her patients
may be obtained.

4. The administrator of the estate of a
licensee who is deceased shall inform the Board of the location at which the
records of the patients of the deceased licensee will be retained.

5. As used in this section, “patient”
includes:

(a) A member of the licensee’s family;

(b) A relative of the licensee; and

(c) A member of the licensee’s staff,

Ê to whom the
licensee provides chiropractic services.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;
A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R014-10, 5-5-2011)

NAC 634.515Permissible information. (NRS 634.030) The
following information included in an advertisement or written communication
shall be deemed to be in compliance with NAC 634.515
to 634.570, inclusive:

1. Information relating to the licensee or
chiropractic office, including, but not limited to:

(a) The name of the licensee or chiropractic
office;

(b) A list of licensees associated with a
chiropractic office and their designations, such as doctor of chiropractic,
chiropractor or chiropractic physician;

(c) The address and telephone number of the office;
and

(d) The hours during which the office will be open
or the licensee will be available.

2. The date on which a license was issued to
the licensee by the Board or by the licensing agency of another state.

3. Technical and professional licenses granted
by this or any other state.

4. The ability of the licensee or persons
employed by the licensee or in the chiropractic office to speak a language
other than English.

5. The fields of chiropractic in which the
licensee is certified or is a specialist, subject to the restrictions of NAC 634.550.

6. Information regarding prepaid or group
plans for health care services in which the licensee participates.

7. The types of credit cards, if any, which
are accepted.

8. The fee for an initial consultation or a
schedule of fees provided in accordance with NAC
634.556.

9. The use of the name and address of a
licensee or chiropractic office in a public service announcement or in
connection with a charitable, civic or community program or event.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 1-31-94;
A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003)

NAC 634.521False or misleading communications. (NRS 634.030)A
licensee shall not make any false or misleading communications about himself or
herself or his or her services. A communication shall be deemed to be
misleading if it contains a material misrepresentation of fact or law, or omits
a fact necessary to make the statement, considered as a whole, not misleading.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 1-31-94;
A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98; R095-03, 10-22-2003)

1. An advertisement for any electronic media
may contain the same factual information and illustrations which are allowed in
advertisements for any printed media.

2. A person who appears in an advertisement
for any electronic media as a licensee or appears in such a manner as to imply
that he or she is a licensee must be:

(a) A licensee who holds a license in good standing
to practice chiropractic in this State; and

(b) The licensee who will provide the services
advertised or who is associated with the practice which is advertising the
service.

3. A person who appears in an advertisement
on electronic media as an employee of a licensee or chiropractic practice must
be an actual employee of the licensee or chiropractic practice whose services
are being advertised, unless the advertisement discloses that such a person is
an actor.

4. If an actor appears in an advertisement
in accordance with this section, the advertisement must disclose that the
person is an actor.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 1-31-94;
A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

NAC 634.530Advertisement of affiliation with provider of health care. (NRS 634.030)A
licensee shall not represent that he or she is affiliated within the same office
with a provider of health care who is not licensed pursuant to chapter 634 of NRS unless that provider
of health care spends at least 20 percent of his or her time in the licensee’s
office.

NAC 634.536Designation as licensee. (NRS 634.018, 634.030)The failure of a licensee
in any advertising to clearly designate himself or herself as a licensee shall
be deemed to be false and misleading for the purposes of subsection 4 of NRS 634.018.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 7-29-88;
A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

NAC 634.541Inclusion of name of licensee or referral bureau responsible for
content. (NRS 634.030)All
advertisements and written communication must include the name of at least one
licensee or a referral bureau for licensees that is responsible for the content
of the advertisement or communication.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 7-29-88;
A 11-23-93; A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

NAC 634.545Advertisement of affiliation with research project. (NRS 634.018,
634.030)If a
licensee advertises any affiliation with a research project, he or she must
make a written statement of the objectives, cost and budget of the project and
the persons conducting the research available on request to the Board, to
scientific organizations and to the general public. Any willful failure to
comply with the requirements of this section shall be deemed to be false and
deceptive advertising for the purposes of subsection 4 of NRS 634.018.

NAC 634.550Advertisement as expert or specialist. (NRS 634.030)Except
as otherwise provided in NAC 634.515 to 634.570, inclusive, a licensee shall not hold himself
or herself out in any advertisement as being:

1. Certified; or

2. An expert or specialist other than an
expert witness,

Ê in a field of
chiropractic unless he or she is registered with and approved by the Board as
holding the applicable professional credentials in that field.

1. Except as otherwise provided in this
section, a licensee who advertises a specific fee or range of fees shall honor
the advertised fee or range of fees for at least 90 days after the last date
that the advertisement is broadcast or disseminated, unless the advertisement
specifies a shorter period. If a specific fee or range of fees is advertised in
a telephone directory or other type of media which is not published more
frequently than annually, the licensee shall honor that fee or range of fees
for at least 1 year after the publication of the telephone directory or other
type of media.

2. If an advertisement states that a
chiropractic service is being offered free of charge or at a discounted rate:

(a) The service must be provided at the advertised
rate regardless of whether the service is to be paid for by the patient or a
third party, such as an insurer.

(b) The licensee who advertises the service shall
ensure that:

(1) A patient to whom the service is provided
receives and signs a statement of disclosure which sets forth:

(I) A detailed description of the service
that will be provided free of charge or at a discounted rate.

(II) The amount that will be charged for
any additional services that will be provided.

(III) If the offer to provide a service
free of charge or at a discounted rate is valid for a limited time, the date on
which that offer will end.

(2) A statement of disclosure that is required
pursuant to subparagraph (1) is placed and maintained in the record of a
patient to whom a service is provided free of charge or at a discounted rate.

3. If a licensee provides diagnostic
services, including, without limitation, examinations and X-rays, free of
charge or at a discounted rate pursuant to an advertisement, the licensee shall
provide those services in a sufficiently complete and thorough manner so as to
allow the licensee to make a proper diagnosis.

4. No separate charge may be made for the
professional evaluation of diagnostic tests or procedures which are provided
free of charge or at a discount, regardless of whether the professional
evaluation is made at the time of the initial office visit or at a later time.

NAC 634.565Advertisement of 24-hour service. (NRS 634.030)No
licensee or referral bureau for licensees may advertise 24-hour service unless
a licensee is available at all times to perform any chiropractic service which
may be needed.

NAC 634.570Inclusion of information in list or directory of licensees or
chiropractic offices. (NRS 634.030)The
provisions of NAC 634.515 to 634.570,
inclusive, do not prohibit the inclusion of information relating to a licensee
or chiropractic office in a list or directory of licensees or chiropractic
offices which is intended primarily for use by persons in the chiropractic
profession, if the information has been traditionally included in such a list
or directory.

(Added to NAC by Bd. of Chiropractic Exam’rs, eff. 11-23-93;
A by Chiropractic Physicians’ Bd. by R030-98, 9-10-98)

1. NAC 634.610
to 634.775, inclusive, govern all practice and
procedure before the Chiropractic Physicians’ Board of Nevada, except as
otherwise directed by the Board.

2. Each provision of NAC
634.610 to 634.775, inclusive, must be
liberally construed to secure a just, speedy and economical determination of
all issues presented to the Board.

3. In special cases, for good cause shown
and when not contrary to statute, the Board may permit deviation from a
provision of NAC 634.610 to 634.775,
inclusive, if it finds that compliance is impractical or unnecessary.

NAC 634.615Communications with Board. (NRS 634.030)All
formal written communications and documents must be addressed to the Board and
not to its individual members or staff. All communications and documents are
deemed to be officially received by the Board when delivered at its principal
office.

1. An interested party who is or may be
directly and substantially affected by a hearing may appear, introduce evidence
and, at the discretion of the Board, otherwise participate in the proceeding.

2. A party shall appear at the beginning of
a hearing, or at a time designated by the presiding officer, by giving his or
her name and address and stating his or her position or interest in the hearing
to the presiding officer. This information must be recorded in the transcript
of the hearing.

3. A party who is entitled to appear may
appear in person or by an attorney.

4. An attorney who appears as counsel in any
proceeding must be an attorney at law who is admitted to practice and is in
good standing before the highest court of any state. If the attorney is not
admitted to practice in the State of Nevada, he or she must be associated with
a Nevada attorney.

5. Any attorney of record who wishes to
withdraw from a proceeding before the Board must immediately notify the Board
or the presiding officer in writing of that fact and name the party whom he or
she represents.

6. As used in this section, “interested
party” means a person who believes that he or she may be affected by a
proceeding but who does not seek to participate in the proceeding.

1. Each pleading must be designated as an
application, petition, notice of charges, answer or motion.

2. All pleadings, except motions and notices
of charges brought by the Board on its own motion, must be verified.

3. The Board may allow any pleading to be
amended or corrected or any omission therein to be supplied.

4. Pleadings will be liberally construed,
and defects which do not affect substantial rights of the parties will be
disregarded.

5. If, within a notice of charges, a member
of the Board’s staff groups similar violations into one cause of action, that
grouping is for administrative convenience only and does not affect the
authority of the Board to take disciplinary action for each separate violation.

1. A complaint as described in NRS 634.160 may be made against a
licensee charging him or her with one or more of the causes set forth in chapter 634 of NRS for which he or she is
subject to disciplinary action.

2. The original complaint must be in
writing, signed and verified by the person making it and filed with the
Executive Director of the Board.

1. An original of all pleadings must be
filed with the Board. A copy of any pleading designated by the Board must be
made available by the party filing it to any other person whom the Board
determines may be affected by the proceeding and who desires a copy of the
pleading.

2. All notices, findings of fact, opinions
and orders required to be served by the Board and all documents filed by any
party may be served by mail, and service thereof shall be deemed complete when
a copy of the paper or document, properly addressed and stamped, is deposited
in the United States mail.

3. An acknowledgment of service or
certificate of mailing must appear on each document which is required to be
served.

1. An answer to a notice of charges as
described in NRS 634.170 must be
filed with the Board and service thereof made on parties of record within 15 days
after service of the notice of charges, unless the Board, for good cause shown,
extends the time. Any matter which is alleged as an affirmative defense must be
separately stated and numbered.

2. A party who fails to answer the notice of
charges within 15 days shall be deemed to have admitted the allegations set
forth in the notice of charges. Based on those admissions, the Board may impose
discipline on the licensee in the same manner as if the allegations had been
proven by substantial evidence at a hearing of the Board held on the complaint.
The Board may proceed with the matter based solely upon the issues set forth in
the notice of charges unless the matter is continued by the Board.

3. Any motion upon a notice of charges must
be filed before the answer is due. If it is not so filed, the objection must be
raised in the answer.

4. If a motion is directed toward an answer,
it must be filed within 5 days of service after the answer.

1. A petition to the Board for a declaratory
order or advisory opinion may only be filed by the holder of or an applicant
for a license issued by the Board.

2. The filing must include the original and
10 copies of the petition.

3. A petition that is filed with the Board
not less than 10 days before its next regularly scheduled meeting will be
reviewed by the Board at that meeting. The Board will issue a declaratory order
or advisory opinion within 30 days after reviewing the petition.

1. A subpoena requiring the attendance of a
witness from any place within the State at a hearing to receive his or her
testimony may be issued by the Secretary of the Board upon application in
writing.

2. Subpoenas for the production of
documents, books or other records, unless issued by the Board on its own
motion, will be issued only upon application in writing. The application must
specify as clearly as possible the documents, books or other records desired.

3. The Board, upon a prompt motion not later
than the time specified in the subpoena for compliance, may:

(a) Quash the subpoena if it is unreasonable or
oppressive; or

(b) Condition denial of the motion upon the advancement
of the reasonable cost of producing the documents, books or other records
desired by the person in whose behalf the subpoena is issued.

1. At a hearing, the Board may order briefs
to be filed within a time which it prescribes. Any requested brief must be
filed with the Board and must be accompanied by an acknowledgment of service
on, or a certificate of mailing to, the other parties of record.

2. The Board may set the matter for oral
argument after briefs are filed or when a motion is contested. Ten days’ notice
of the time set for oral argument must be given to all parties of record,
unless the Board specifies a shorter time.

1. The time within which any act ordered
pursuant to this chapter must be accomplished is computed by excluding the
first day and including the last day unless the last day is Saturday, Sunday or
a legal holiday, in which case it is excluded.

2. Additional information about proceedings
before the Board or the status of any matter relating to the Board may be
secured by applying to the Secretary of the Board at the principal office of
the Board.

1. If the party who filed the complaint or
the licensee fails to appear at the hearing scheduled by the Board and no
continuance has been requested or granted, the Board may hear the evidence of
those witnesses who have appeared and proceed to consider the matter and
dispose of it on the basis of the evidence before it in the manner required by NAC 634.720 to 634.775,
inclusive.

2. Where, because of accident, sickness or
other reasonable cause, a person fails to appear for a hearing scheduled by the
Board or fails to request a continuance thereof, he or she may, within a
reasonable time, but not more than 15 days, apply to the Secretary of the Board
at the office of the Board to reopen the proceedings. The Board, if it finds
that the cause for failing to appear is sufficient and reasonable, will
immediately fix a time and place for the hearing and give the person notice
thereof. At the time and place fixed by the Board, the person may testify in
his or her own behalf or present other evidence. Witnesses who have previously
testified are not required to appear at the second hearing unless so directed
by the Board.

NAC 634.720Preliminary procedure. (NRS 634.030)The
presiding officer of the Board will call the proceeding or hearing to order,
proceed with each party’s appearance and act upon any pending motions. The
parties may then make opening statements.

NAC 634.730Testimony: Oath or affirmation required. (NRS 634.030)All
testimony considered by the Board in formal hearings, except matters officially
noticed or entered by stipulation, must be sworn. Before testifying, each
person shall swear or affirm that he or she will testify truthfully.

1. With the approval of the presiding
officer, the parties may stipulate any fact at issue, either by written
stipulation introduced in evidence as an exhibit or by oral statements shown
upon the record.

2. A stipulation is binding upon all parties
so stipulating and may be regarded by the Board as evidence at the hearing.

3. The Board may require proof by evidence
of the facts stipulated in addition to the stipulation of the parties.

1. In conducting any investigation, inquiry
or hearing, the Board, its officers or employees are not bound by the technical
rules of evidence and any informality in a proceeding or in the manner of
taking testimony does not invalidate any order, decision, rule or regulation
made, approved or confirmed by the Board.

2. Rules of evidence recognized by the
courts of Nevada will be followed generally but may be relaxed by the Board
when deviation from the technical rules of evidence will aid in ascertaining
the facts.

3. When an objection is made to the
admissibility of evidence, the evidence may be received subject to a later
ruling by the Board.

4. The Board may exclude inadmissible,
incompetent, cumulative or irrelevant evidence, or order that presentation of
that evidence be discontinued.

5. A party objecting to the introduction of
evidence shall state briefly the grounds of objection at the time the evidence
is offered.

6. Evidence must be material and relevant to
the issues involved to be admitted at the hearing.

NAC 634.765Matters of official notice. (NRS 634.030)The
Board may take official notice of:

1. Regulations, official reports, decisions
and orders of the Board or any other regulatory agency of this State.

2. The contents of decisions, orders,
certificates and permits issued by the Board.

3. Matters of common knowledge and
established technical or scientific facts.

4. Pertinent official documents, when
properly introduced into the record of formal proceedings by reference. Proper
and definite reference to official documents must be made by the party offering
them and they must be published and generally circulated so that an opportunity
is given to all the parties of interest to the hearing to examine them and
present rebuttal evidence.

NAC 634.770Transcripts. (NRS 634.030)The
Board will have a transcript made of all formal hearings. Parties desiring
copies of the transcript may obtain them from the transcriber upon payment of
the fees fixed therefor.

1. A proceeding is submitted for decision to
the Board after the taking of evidence, the filing of briefs or the
presentation of oral argument as prescribed by the Board or the presiding
officer unless otherwise specifically approved.

2. Orders of the Board will be served by the
Secretary by mailing a copy to each party of record or their representatives or
by personal service. Additional copies of orders issued by the Board may be
obtained upon written request.